Stata Title defined | Property Terms Explained | Defintive Real Estate Terms

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strata title

As defined and explained in this ONLINE Encyclopedia

A form of co-ownership of property, established for example in Australia, Indonesia, Malaysia, New Zealand, Fiji, Singapore and The Philippines. Under this scheme land is subdivided into two or more 'stratas' or cubic ('volumetric') spaces within a building, with individual owners acquiring title to individual spaces, lots, or 'units' (in substance, a space within the confines of a wall, floor and ceiling), and undivided rights to the common areas. Strata title was first established in New South Wales in 1961 and a similar system has now been established in all the other Australian States and Territories. The interest held by the owners is referred to as ‘strata title’ and the statutory rights and obligations of those with an interest in the units, the 'strata scheme'.

    Such a scheme may be applied to plots of land, although 'strata title' and 'strata schemes' is more commonly applied to vertical subdivisions in a multi-storey building and 'community title' and 'community title schemes' (also known as 'schemes of community subdivision') is applied to horizontal subdivision; although the latter terms now apply to both in Victoria. The common areas are held by a corporate body (called the body corporate in Qld, Tas and Vic; the 'owners corporation' in NSW; the 'community corporation' in SA; the 'strata company’ in ACT and WA; and 'the corporation' in NT), with the individual unit holders having a share in that body (Unit Titles Act 1970, s. 29 (ACT); Strata Schemes (Freehold Development) Act 1993, Sch. 2 & Strata Schemes Management Act 1996, ss. 8, 61 (NSW); Unit Titles Act 1975, s. 27 (NT); Body Corporate and Community Management Act 1997 (Qld) (largely replacing the Building Unit and Group Titles Act 1980 (Qld)) and the Mixed Use Development Act 1993 (Qld)—applying as the name implies to mixed use projects; Community Titles Act 1996, s. 30 (SA); Strata Titles Act 1998, s. 8 (Tas); Subdivision Act 1988, s. 28 (VIC); Strata Titles Act 1985, ss. 3, 33 (WA)). A strata title is effected by the recording of a division of the land or building into different layers or spaces and the issue of certificates of title that recognizes the separate units of ownership and the ownership of the common property. The body corporate is responsible for the management of the building and the upkeep of the common areas, including the enforcement of the by-laws that are imposed on the individual owners and for raising the levies from the individual owners to pay for repairs and insurance.

    A strata title is similar to a condominium as found in North America, or a commonhold as now found in the UK. See also flying freehold(Eng), strata plan, unit(NZ), unit entitlement(Aus/NZ).

Terms in bold are defined elsewhere in the Encyclopedia.
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bibliographic references:
A.A. Hyam. The Law Affecting the Valuation of Land in Australia (4th ed. Pyrmont, NSW: 2009), Ch. 10 'Valuation of Strata'.
A.J. Bradbrook et al. Australian Real Property Law (4th ed. Pyrmont, NSW: 2007), Ch. 15, II 'Community and Strata Title'.
G.F. Bugden. Strata Title Management Practice in New South Wales (6th ed. Sydney: 1993).
P. Butt. Land Law [Australia] (5th ed. Pyrmont, NSW: 2006), Ch. 21 'Strata Title'.
L. Robinson. Strata Title Units in New South Wales (2nd ed. Pyrmont, NSW: 1989).
A. Ilkin. NSW Strata and Community Schemes Management and the Law (4th ed. Pyrmont, NSW: 2007).
N.J. Moses et al. Strata Titles: A Guide to the Strata Title Acts (Sydney: Loose-leaf).
N.J. Moses et al. Strata Titles: NSW (2nd ed. Pyrmont, NSW: Loose-leaf).
22 Halsbury’s Laws of Australia, Real Property, §§ [355–9000]—[355–9215], 'Horizontal Subdivisions including Strata Title'.
G.W. Hinde & D.W. McMorland. Land Law in New Zealand (Wellington: 1997), §§ 2.195—2.196. T.K. Sood. Strata Title in Singapore and Malaysia (3rd ed. Singapore: 2009).

More Real Estate Terms
acceleration clause; bargain and sale; base fee; easement; emphyteotique lease; exclusive agency; fructus(Lat); grosses reparations(F); highest and best use; home valuation code of conduct (HVCC)(US); leasehold enfranchisement; market value (MV); once a mortgage, always a mortgage; partial release (or the rule in Dumpor's Case); possession; resecuritization; resulting trust (and Quistclose trust); strata title; tenantable repair; Torrens title; unjust enrichment; waste